Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-04-30
CASE OF MILLER vs.. n. P. RY.
President Cleveland Has Something to
Say About the Matter-The
SchnObel Affair-Gen.
eral News, Etc.
A DISPUTED POINT.
President Cleveland's Letter on Lands
Granted to the n. p.

WASHINGTON, April 27.-The Presiden
HIS sent to the Secretary OF the Interio
the following letter in relation to the con
troversy between G. L. Miller, settler, an,
the railroad company involving the ques
ton of ownership OF certain lands:
Executive Mansion, Washington, April q. 1887
DEAR SIR-I have examined with car
and interest the questions involved in con
Hieting claims of Miller and the Northern
Pacific Railroad Company to certain pub
lie lands in Washington Territory. The
legal aspects OF the case have been examined
and passed upon by several officers OF the
Government who do not agree in their con
clusions. Miller claims to be asettler upon
the land in question whose possession dates
from 1878. He alleges he has made sub
stantial improvements on this land and
cultivated the same, and it appears he filed
his claim to the same under the homestead
law on the twenty ninth OF December. 1884
The Railroad Company contends that
this land is in the Territory or area from
which it was entitled to select such guar
anty OF public land as might be necessary
to supply any deficiency that should be
found to exist in the land mentioned in the
grant by the Government to said company
in aid OF the construction OF the road,
such deficiency being contemplated slikely
to arise from the paramount right OF pri.
vate parties and settlers in the Territory
embracing said granted lands, and that
the land was thus selected by the company
on the ninteenth day OF December, 1888.
large tract, including this land. was
withdrawn by order OF the Interior De-
partment from sale and from presumption
homestead entry in 1872 in anticipation
Of the construction of said railroad and
deficiency in it's granted lands. In 1880,
upon filing the map OF definite location, the
land in controversy and much more which
had been SO withdrawn. was found to lie
outside the limits which included the
granted lands, but it's withdrawal from
settlement and entry under our land laws
was continued upon the theory that it was
in the limits OF the indemnity lands which
might be selected by the company provided
in the law making the grant. The legal
points in this controversy turned upon the
validity and effect OF the withdrawal of this
land and the continuance thereof. The At
torney General Is OF the opinion that
such Withdrawals were at all times effect
ual. and that they operated to prevent
Miller from acquiring any interest in the
land claimed by him. With this interpre-
tation with the law and former orders and
be seen that the effect has been the with
drawal since 1872 OF thousands, if not
millions, OF acres of these lands, thus
placing them beyond the reach of our citi- |
zens desiring to settle and make homes |
upon the same, and that this has been
done for the benefit OF the railroad COM
pany, having no fixed interest in
such lands. In this manner |
the beneficial policy and intention OF the |
Government in relation to the public do |
main have sorall these years been thwarted. |
There seems to be no evidence presented |
showing how much of this vast tract is |
necessary for the fulfllment of the grant to |
the railroad company, nor does there ap-
within which this fact should be made |
known. and the corporation is obliged to |
make it's selection. After lapse OF fifteen |
years this large body Of public domain is
held to the exclusion of settlers |
for the convenience OF the corporation,
the beneficiary OF the government and |
waiting it's selection. Though it is entirely |
certain that much reserved land can never |
be honestly claimed by said corporation.
Such condition OF public lands should
DO longer continue. So far as it is t e result
Of the executive rules and methods these
should be abandoned and so far as it is in
OF improvident laws these
should be repealed or amended. Our public
domain is the national wealth, an ear
nest OF our growth and the heritage OF
our people. 1t should promise limitless de-
velopment and riches, relief to q crowding
population and homes to thrift and indus
try. These inestimable advantages should
be guarded and careful and enlightened
policv on the part of the Government
shn,,1 10 <l4 IT. hal
'ase under consideration assume there is
been reserved in which no citizen has a
egal or equitable interest for all purpose.
such an indemnification to this company
it's grant has not already been satisfied.
understand that the selections made by
uch corporations are not complete until
he same have been approved by the Secre-
AIRY of the Interior, or unless they are
made in the words of the statute under his
direction.
You have thus far taken no action, and
1t seems you are in condition to deal
with the subject in such a manner as to
protect this settler from hardship and loss.
transmit herewith papers relating to the
,ase which were submitted to me. l sug.
sest that you exercise the power and au.
thority you have in the premises upon
L 4
'umption in favor of the set
tier, and in case you find I
this corporation is entitled
to select any more OF these lands than it
has acquired, that you direct it to select I,
10 lieu of the land upon which Mr.. Miller
has settled, other lands within the limits
Of this reservation upon which neither he
nor any other citizen has in good faith
made improvements. | call attention to
sections 2,45O and sections 2,451 OF tho
Revised Statutes Of the United States as
pointing out the mode OF procedure which
may be resorted to if necessary for
'he purpose OF reaching just and equit.
able disposition OF the case. Therein con-
'alned can be adopted without disregard I
ing or calling in question the opinion OF the
Attorney General upon the purely legal
Propositions which were submitted to him.
Yours very truly,
GROVER CLEVELAND.
10 the Secretary OF the Interior, Washing. |,
ton.
The SchnObel Affair.